Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the December 28th, 2009 Meeting, the 2009 Executive Session Minutes and the 2010 Organization Meeting, were approved on a motion by Coun. Shaak seconded by Coun. Nolan; all aye; no nays. Passed. (Note: Coun. Nolan & Shaak abstained on the Minutes of December 28th, 2009.)

Coun. Nolan, seconded by Coun. Shaak, introduced Resolution 10-14 for Payment of Bills. Be It Resolved, that the following bills be paid, and that the Mayor or President of Council be authorized to draw orders on the Chief Finance Officer for payment of the bills of January 11th, 2010, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Nolan, Scott & Shaak; all aye. No nays. Passed.

Page 9

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of an "AN ORDINANCE TO ADOPT MONMOUTH REGIONAL HEALTH COMMISSION ORDINANCE NO. 9-01".

Coun. Shaak, seconded by Coun. Nolan, introduced Resolution 10-16 to authorize publication of the foregoing ordinance in the Coast Star Newspaper for a hearing to be held at 7:30 p.m., at Borough Hall, 601 Union Lane, Brielle, New Jersey, on January 25th, 2010. Vote: Coun. Nolan, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol then called for committee reports and recognized Coun. Scott who thanked Karen of the Coast Star for her reporting on the distribution of the blue mixed paper recycling containers. The all two thousand containers had been distributed, but a number of homes had yet to receive them. Containers were on order and delivery would be made in a timely manner. Coun. Scott lauded Superintendent Burkhardt for his effort in effecting the distribution and she looked forward to "Newspaper" Thursday becoming "All Paper Day".

Coun. Scott also cited recent news articles in the Asbury Park Press on how municipalities were scrambling to meet the deadline for compliance with the new recycling regulations. She was pleased that Brielle was the first community in Monmouth County to comply. Nevertheless, she reminded residents 2010 marked the 23rd year of mandatory recycling and it remained incumbent on all residents to continue to comply with the recycling requirements.

In closing Coun. Scott cited a recent plethora of articles in the League of Municipalities Magazine on "Going Green". She reminded the public that recycling was an essential component of that movement.

In her capacity as Council-President, Coun. Scott then announced the 2010 Committee Assignments (see insertion).

Coun. Nolan cited the success of the Board of Recreation's recent Bus Trip to New York City and the fact that five hundred children had enrolled in the Biddy Basketball Program. Coun. Nolan was also pleased that the Borough had been one of thirteen communities to receive funding from the Monmouth County Open Space Grant Program. Brielle would receive $250,000 in funds to upgrade the facilities at Brielle Park.

Coun. Nolan also noted the success of the Library's on-going computer programs and the Yoga Classes. On January 30th there would be a food drive from 10:30 am to noon and donations would secure the donors a place in a free Yoga Class.

Coun. Shaak advised the public that a derelict structure adjacent to Simko's Restaurant had been demolished and the site would eventually be occupied by an office structure already approved by the Planning Board. Page 10 11th January 2010

Coun. Shaak also cited the deteriorated condition of Riverview Drive and added that he was working with the Borough Engineer and the Administrator to bring this matter to the attention of the County. Mayor Nicol interjected that Asphalt Plants were closed until the Spring, so no immediate solution was possible; he added that the "popcorn" mix utilized to provide an "anti-skid" surface was also more vulnerable to deterioration as it retained moisture.

In closing, Coun. Shaak noted that the Brielle Fire Company, under the direction of Chief Johnston, had responded to 144 calls in 2009, participated in 36 training exercises and responded to 26 other events. These activities represented 5,070 man-hours. Coun. Shaak was also pleased that ten new volunteers had entered the Fire Academy for training.

The Chair then opened the meeting to the public and recognized William Brannick, 805 Schoolhouse Road who asked when the First Aid Squad would hold its "Open House"? Coun. Shaak noted that the event had been postponed to March, but added that the Squad looked forward to showcasing the renovated facility to the public and he reminded the assembly that no public monies had been used in this stage of the renovation.

Mr. Brannick then cited the 2009 April School Election, during which time the building lost power; he asked if a generator had been included in the renovation?

Coun. Shaak said that it had.

There being no further comments the meeting was adjourned at 7:40 p.m. on a motion by Coun. Nolan, seconded by Coun. Shaak.

RESOLUTION OF THEGOVERNING BODY OF THE BOROUGH OF BRIELLEAWARDING A PROFESSIONAL CONTRACTWHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; andWHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of a Borough Attorney

WHEREAS, the Borough of Brielle has retained the services of the firm of Montenegro, Thompson, Montenegro & Genz, inasmuch as they are competent to fulfill the needs of the Borough of Bridle; and

WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 11th day of January 2010, that;1. Nicholas C. Montenegro of the firm of Montenegro, Thompson, Montenegro & Genz is hereby retain by the Borough of Brielle as the Municipal Attorney for the fiscal year 2010 to perform to the terms of the Agreement between the Municipal Attorney and the Borough of Brielle.2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because same involves the retaining of professional services. 3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of the contract is determined to exceed the S 17,500.00 threshold.

4. This contract is being awarded under the non-fair and open contract provisions of N.J.S.A. 19:44A-20.5.

5. The contractor is required to file a Business Entity Disclosure Certificate with the Borough of Brielle and a Political Contribution Disclosure Form.

6. Funds for payment of this contract have been provided for in the 2010 Temporary Budget and shall be included in the 2010 Municipal Budget.7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S.A.40A11:-5(1)(a)and(i) and N.J.S.A. I9:44A-20.5,

CertificationThe foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 11th, 2010.

Witness my hand and seal of the Borough of Brielle this 12th day of January 2010.

______________________ Thomas F. Nolan Municipal Clerk

Resolution No: 10-13-B Date: 11th January 2010

RESOLUTION OF THEGOVERNING BODY OF THE BOROUGH OF BRIELLEAWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and

WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Municipal Engineer; and

WHEREAS, the Borough of Brielle has retained the services of Alan P. Hilla, Jr. of Birdsall Engineering, Inc. inasmuch as they are competent to fulfill the needs of the Borough of Brielle; and

WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 11th day of January 2010, that;

1. Alan P. Hilla, Jr., is hereby retained by the Borough of Brielle as its Municipal Engineer for the fiscal year 2010 to perform to the terms of the Agreement between the Municipal Engineer and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a)and(i) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined to exceed the $17,500 threshold.

4. This contract is being awarded under the non-fair and open contract provisions of N.J.S.A.19:44A-20.5.

5. The contractor is required to file a Business Entity Disclosure Certification with the Borough of Brielle.

6. Funds for the payment of this contract have been provided for in the 2010 Temporary Budget and shall be included in the 2010 Municipal Budget.7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S.A. 40A:l 1-5(1)(a) and N.J.S.A.19:44-20.5.CERTIFICATION

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 11th, 2009.Witness my hand and seal of the Borough of Brielle this 12th day of January 2010.

_______________________ Thomas F. Nolan Municipal Clerk

Resolution No: I 0-13-C Date: 11th January 2010

RESOLUTION OF THEGOVERNING BODY OF THE BOROUGH OF BRLELLEAWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and

WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Auditor; and

WHEREAS, the Borough of Brielle has retained the services of Robert A. Hulsart inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and

WIHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 1 l th day of January 2010, that;

1. Robert a. Hulsart, is hereby retained by the Borough of Brielle as its Auditor for the calendar year 2010 to perform to the terms of the Agreement between the Auditor and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A: ll-5(1)(a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined to exceed the $17,500.00 threshold.

4. This contract is being awarded under the non-fair and open contract provisions of N.J.S.A. 19:44A-20.5.

5. The Contractor is required to file a Business Entity Disclosure Certification and a Political Contribution Disclosure Form with the Borough of Brielle.

6. Funds for payment of this contract have been provided for in the 2010 Temporary Budget and shall be included in the 2010 Municipal Budget.

7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S,A.40A:11-5(l)(a)and(j) and the provisions of N.J.S.A. 1 9:44A-20 .5.

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 11th, 2010.

Witness my hand and seal of the Borough of Brielle this 12th day of January 2010.

____________________ Thomas F. Nolan Municipal Clerk

RESOLUTION NO: 10-13-D DATE: JANUARY 11TH, 2010

BOROUGH OF BRIELLEMONMOUTH COUNTYNEW JERSEY

RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE FINANCING OF CAPITAL IMPROVEMENTS IN ACCORDANCE WITH THE ATTACHED AGREEMENT (CONTRACT AWARDED WITHOUT COMPETITIVE BIDDING PURSUANT TO THE LOCAL PUBLIC CONTRACTS LAW, N.J.S.A. 40A:11-1 ET SEQ.), AUTHORIZED BY THE BOROUGH OF BRIELLE, COUNTY OF MONMOUTH, NEW JERSEY.

WHEREAS, there exists a need for specialized legal services in connection with the authorization and the issuance of bonds and other obligations and other matters relating to capital financing by the Borough of Brielle, County of Monmouth, New Jersey (herein the "Borough"); andWHEREAS, such specialized legal services can be provided only by a recognized Bond Counsel firm, and the law firm of Dilworth Paxson, LLP, Neptune, New Jersey, are so recognized by the financial community; and

WHEREAS, the services to be performed are "professional services" as defined in the Local Public Contracts Law, N.J.S.A. 40A:11-2(6), and therefore are excepted from the Local Public Contracts Law requirements for competitive bidding, pursuant to N.J.S.A. 40A:115(l)(a)(i); and

WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i), requires the public advertisement of notice with respect to contracts for professional services awarded without competitive bids; and

WHEREAS, funds are or will be available for this purpose.

NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNSEL OF THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY AS FOLLOWS:

1. That the Borough Counsel hereby appoints the firm of Dilworth Paxson, LLP, Attorneys at Law, Neptune, New Jersey, to serve as Bond Counsel to the Borough In connection with the financing of capital projects, and awards the contract which is annexed hereto and made a part hereof (the "Contract"), in accordance with N.J.S.A. 40A:11-1 et seq.2. That the Mayor or other appropriate official of the Borough, on behalf of the Borough, is hereby authorized and directed to execute the Contract and the Clerk is hereby authorized and directed to attest to the execution of said Contract for professional services in connection with the preparation of all bond ordinances and the authorization and issuance of all bonds, bond anticipation notes, tax anticipation notes or similar obligations and related matters of capital and debt financing by the Borough.3. That no appropriation of funds is required at this time, payment coming from the proceeds of the sale of bonds, bond anticipation notes and tax anticipation notes or similar obligations or from capital authorizations or other appropriate budgeted items in accordance with the attached Contract.4. That this Contract is awarded without competitive bidding as a professional service under the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i), because legal services are a recognized profession licensed and regulated by law.5. That a notice in accordance with this resolution and the Local Public Contracts Law, shall be published in the official newspaper or newspapers of the Borough.6. That an executed copy of the Contract and a copy of this resolution shall be filed in the Office of the Clerk and be available there for public inspection in accordance with law.7. That this resolution shall take effect immediately.CLERK'S CERTIFICATE

I, THOMAS NOLAN, Clerk of the Borough of BRIELLE in the County of Monmouth, New Jersey DO HEREBY CERTIFY that annexed hereto is a true and complete copy of a resolution adopted by the Borough Counsel of the Borough of BRIELLE at a duly convened meeting held on the 11th of January 2010. Said resolution has not been amended or repealed and remains in fall force and effect on this date.

IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of said Borough as of this 11th day of January 2010.

RESOLUTION OF THEGOVERNING BODY OF THE BOROUGH OF BRIELLEAWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and

WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of a Labor Attorney; and

WHEREAS, the Borough of Brielle has retained the services of James W. Holzapfel and the firm of Citta Holzapfel & Zabarsky, inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and

WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 11th day of January 2010, that;

1. James W. Holzapfel and the firm of Citta, Holzapfel & Zabarsky, is hereby retained by the Borough of Brielle as its Labor Attorney for calendar year 2010 to perform to the terms of the Agreement between the Labor Attorney and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:I I-5(I)(a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined not to exceed the $17,500.00 threshold.

4. This contract is not subject to the provisions of N.J.S.A.19:44A-20.5.

5. Funds for payment of this contract have been provided for in the 2010 Temporary Budget and shall be included in the 2010 Municipal Budget.

6. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.

RESOLUTION OF THEGOVERNING BODY OF THE BOROUGH OF BRIELLEAWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and

WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the service of a Municipal Prosecutor; and

WHEREAS, the Borough of Brielle has retained the services of Sean T. Kean inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and

WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional

NOW, THEREFORE, be it resolved that as of this 11th day of January 2010, that;

1. Ronald W. Sage is hereby retained by the Borough of Brielle as its Municipal Prosecutor for calendar year 2010 to perform to the terms of the Agreement between the Municipal Prosecutor and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:I1-5(I)(a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined not to exceed the $17,500.00 threshold.

4. This contract is not subject to the provisions of N.J.S.A. 19:44A-20.5

5. Funds for payment of this contract have been provided for in the 2010 Temporary Budget and shall be included in the 2010 Municipal Budget.

6. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.

CERTIFICATION

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 11th, 2010.Witness my hand and seal of the Borough of Brielle this 12th day of January 2010.

______________________Thomas F. Nolan Municipal Clerk

Resolution No: 10-13-G Date: January 11th, 2010RESOLUTION OF THEGOVERNING BODY OF THE BOROUGH OF BRIELLEAWARDING A PROFESSIONAL CONTRACTWHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; andWHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Assistant Municipal Prosecutor; andWHEREAS, the Borough of Brielle has retained the services of James D. Carton IV inasmuch as he is competent to fulfill the needs of the Borough of Brielle; andWHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;NOW, THEREFORE, be it resolved that as of this 11th day of January 2010, that;

1. James D. Carton IV, is hereby retained by the Borough of Brielle as its Municipal Prosecutor for the calendar year 2010 to perform to the terms of the Agreement between the Municipal Prosecutor and the Borough of Bridle.2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:II-5 (I)(a) of the Local Public Contracts Law because same involves the retaining of professional services.3. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.

4. This contract is not subject to the provisions of N.J.S.A.19:44a-20.5.

5. The contractor is required to file a Business Entity Disclosure Certification with the Borough of Brielle.

6. Funds for payment of this contract have been provided for in the 2010 Temporary Budget and shall be included in the 2010 Municipal Budget.

Page 27. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S.A.40A:11-5(1)(a) and N.J.S.A.19:44-20.5.The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 11th, 2010.Witness my hand and seal of the Borough of Brielle this 11th day of January 2010.Thomas F. Nolan Municipal Clerk

Resolution No: 10-13-H Date: January 11th, 2010

RESOLUTION OF THEGOVERNING BODY OF THE BOROUGH OF BRIELLEAWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; andWHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Public Defender; andWHEREAS, the Borough of Brielle has retained the services of Timothy J. Wintrode, Esq. inasmuch as he is competent to fulfill the needs of the Borough of Brielle; andWHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;NOW, THEREFORE, be it resolved that as of this 11th day of January 2010, that;

1. Timothy J. Wintrode, Esq., is hereby retained by the Borough of Brielle as its Public Defender for the calendar year 2010 to perform to the terms of the Agreement between the Public Defender and the Borough of Brielle.2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A: 11-5(1)(a)and(i) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined not to exceed the $17,500.00 threshold.

4. This contract is not subject to the provisions of N.J.S.A.19:44a-20.5.

5. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.

6. Funds for payment of this contract have been provided for in the 2010 Temporary Budget and shall be included in the 2010 Municipal Budget.7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S.A.40A11:-5(I)(a)and(i) and N.J.S.A. 19:44A-20.5,CertificationThe foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 11th, 2010.Witness my hand and seal of the Borough of Brielle this 12th day of January, 2010.

________________________ Thomas F. Nolan Municipal Clerk

PROCLAMATION BOROUGH OF BRIELLE

2010 National Wear Red Day for WomenWHEREAS, diseases of the heart are the nation's leading cause of death and stroke is the third leading cause of death;

WHEREAS, cardiovascular diseases (CVD) claim the lives of close to 455,000 American females each year or about one death per minute;

WHEREAS, each year, 53 percent of all cardiovascular disease deaths occur in females, as compared to 47 percent in men, and nearly 30,400 more females than males die from a stroke;

WHEREAS, in 2009 the estimated direct and indirect cost of cardiovascular diseases and stroke in the U.S. is estimated at $475 billion;

WHEREAS, more women die of cardiovascular disease than the next five leading causes of death combined, including all cancers;

WHEREAS, one in 2.7 women die from cardiovascular disease and 64 percent of women who die suddenly from coronary heart disease have no previous symptoms;

WHEREAS, February is designated as American Heart Month;

WHEREAS, Go Red For Women is the American Heart Association's national movement to make women aware of their risk for heart disease-the leading cause of death for women and to empower women to make choices and take action to reduce that risk;

WHEREAS, all women should learn their own personal risk for heart disease, using tools such as the American Heart Association's Go Red For Women Heart Checkup, Go Red BetterU and by talking to their healthcare provider;

NOW, THEREFORE, I Mayor Thomas B. Nicol, in recognition of the importance of the ongoing fight against heart disease and stroke, do hereby proclaim Friday, February 10th, 2010 to be"National Wear Red Day for Women"in The Borough of Bridle and urge all citizens to "go red" for the day and wear red on February 5th, 2010 to call attention to the magnitude of cardiovascular disease in women, and as a show of support to fight it, as well as in recognition of family, friends and neighbors who have suffered from cardiovascular disease. By increasing awareness of the risk factors for this devastating disease and taking actions to reduce them, we can save thousands of lives each year.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the Borough of Brielle this 5th day of February 2010.